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38 U.S.C. § 3120 — Program of independent living services and assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3120 — Program of independent living services and assistance

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Source location: Title 38, Chapter 31, § 3120; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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**(a)** The Secretary may, under contracts with entities described in subsection (f) of this section, or through facilities of the Veterans Health Administration, which possess a demonstrated capability to conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in subsection (b) of this section. **(b)** A program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability described in [section 3102(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A/i&num=0&edition=prelim) and with respect to whom it is determined under section 3106(d) or (e) of this title that the achievement of a vocational goal currently is not reasonably feasible. **(c)** The Secretary shall, to the maximum extent feasible, include among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section who are receiving long-term care in Department of Veterans Affairs hospitals and nursing homes and in nursing homes with which the Secretary contracts for the provision of care to veterans. **(d)** A program of independent living services and assistance for a veteran shall consist of such services described in [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a&num=0&edition=prelim) as the Secretary determines necessary to enable such veteran to achieve maximum independence in daily living. Such veteran shall have the same rights with respect to an individualized written plan of services and assistance as are afforded veterans under [section 3107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107&num=0&edition=prelim). **(e)** (1) Programs of independent living services and assistance shall be initiated for no more than 2,700 veterans in each fiscal year, and the first priority in the provision of such programs shall be afforded to veterans for whom the reasonable feasibility of achieving a vocational goal is precluded solely as a result of a service-connected disability. (2) The limitation in paragraph (1) shall not apply in any case in which the Secretary determines that a veteran described in subsection (b) has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary. **(f)** Entities described in this subsection are (1) public or nonprofit agencies or organizations, and (2) for-profit entities in cases in which the Secretary determines that services comparable in effectiveness to services available from such an entity are not available, or cannot be obtained cost-effectively from, public or nonprofit agencies or through facilities of the Veterans Health Administration.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3100 — Purposes

The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3100

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3107 — Individualized vocational rehabilitation plan

**(a)** The Secretary shall formulate an individualized written plan of vocational rehabilitation for a veteran described in [section 3106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/b&num=0&edition=prelim). Such plan shall be developed with such veteran and shall include, but not be limited to (1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, (2) a statement of the specific services (which shall include counseling in all cases) and assistance to be provided under this chapter, (3) the projected date for the initiation and the anticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved. **(b)** (1) The Secretary shall review at least annually the plan formulated under subsection (a) of this section for a veteran and shall afford such veteran the opportunity to participate in each such review. (2) On the basis of such review, the Secretary shall— (A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is— (i) no longer feasible due to changes in the employment handicap of the veteran; and (ii) likelier under a different plan formulated under subsection (a); or (B) disapprove redevelopment of such plan if the Secretary determines such redevelopment is not appropriate. **(c)** (1) Each veteran for whom a plan has been developed or redeveloped under subsection (a) or (b)(1), respectively, of this section or in whose case redevelopment of a plan has been disapproved under subsection (b)(2) of this section,

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3107

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3101 — Definitions

For the purposes of this chapter— (10) 11 So in original. Probably should be “(1)”. The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim). (2) The term “employment handicap” means an impairment, resulting in substantial part from a disability described in [section 3102(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A&num=0&edition=prelim), of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests. (3) The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community. (4) The term “program of education” has the meaning provided in [section 3452(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/b&num=0&edition=prelim). (5) The term “program of independent living services and assistance” includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran. (6) The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter. (7) The term “rehabilita

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2109 — Specially adapted housing destroyed or damaged by natural disasters

**(a) In General.—** Notwithstanding the provisions of sections 2102 and 2102A of this title, the Secretary may provide assistance to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary. **(b) Use of Funds.—** Subject to subsection (c), assistance provided under subsection (a) shall— (1) be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran’s disability, and necessary land therefor; (2) be available to a veteran to the same extent as if the veteran had not previously received assistance under this chapter; and (3) not be deducted from the maximum uses or from the maximum amount of assistance available under this chapter. **(c) Limitations.—** The amount of the assistance provided under subsection (a) may not exceed the lesser of— (1) the reasonable cost, as determined by the Secretary, of repairing or replacing the damaged or destroyed home in excess of the available insurance coverage on such home; or (2) the maximum amount of assistance to which the veteran would have been entitled under sections 2101(a), 2101(b), and 2102A of this title had the veteran not obtained previous assistance under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2109

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3103 — Periods of eligibility

**(a)** Except as provided in subsection (b), (c), (d), (e), (g), or (h) 11 See References in Text note below. of this section, a rehabilitation program may not be afforded to a veteran under this chapter after the end of the twelve-year period beginning on the date of such veteran’s discharge or release from active military, naval, air, or space service. **(b)** (1) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical condition of such veteran made it infeasible for such veteran to participate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall again begin to run on the first day following such veteran’s recovery from such condition on which it is reasonably feasible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program. (2) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because— (A) such veteran had not met the requirement of a discharge or release from active military, naval, air, or space service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Secretary determined, under regulations prescribed by the Secretary, that such discharge or release was under conditions other th

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3103

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3106 — Initial and extended evaluations; determinations regarding serious employment handicap

**(a)** The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim) as are necessary (1) to determine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine— (A) whether such veteran has a serious employment handicap, and (B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation. **(b)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107/a&num=0&edition=prelim). **(c)** In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3106

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3109 — Entitlement to independent living services and assistance

In any case in which the Secretary has determined under [section 3106(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/e&num=0&edition=prelim) that the achievement of a vocational goal by a veteran currently is not reasonably feasible, such veteran shall be entitled, in accordance with the provisions of [section 3120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3120&num=0&edition=prelim), to a program of independent living services and assistance designed to enable such veteran to achieve maximum independence in daily living.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3109

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3120 — Program of independent living services

Page 705 TITLE 38—VETERANS’ BENEFITS § 3120 and the Secretary of Health and Human Services regarding rehabilitation studies, research, and special projects of mutual programmatic con- cern. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2184, § 1519; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3119, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1519 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1980, see section 802(a)(2) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3120. Program of independent living services and assistance (a) The Secretary may, under contracts with entities described in subsection (f) of this sec- tion, or through facilities of the Veterans Health Administration, which possess a dem- onstrated capability to conduct programs of independent living services for severely handi- capped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in sub- section (b) of this section. (b) A program of independent living services and assistance may be made available under this section only to a veteran who has a serious em- ployment handicap resulting in substantial part from a service-connected disability described in section 3102(1)(A)(i) of this title and with respect to whom it is determined under section 3106(d) or (e) of this title that

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3120

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